Pre Contract
Guide

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What is a Pre-Contract Guide?

A Pre-Contract Guide outlines what you should consider before committing to proceed with the a potential MSC and, for Mortgage Securitisation Claims Ltd. to engage Legal Quest plc for them to carry out a Data Subject Access Request (DSAR), for and on your behalf and review/audit the content of same, in order to determine if you have a valid MSC or not

1. Mortgage Securitisation Claims Ltd., is a separate legal entity, wholly owned by Camellus Law LLP and, as such, acts as a legal Case Management firm. Legal Quest plc are a firm of professional Loss Adjusters/Claim Auditors and considered Part 35 Experts. Mortgage Securitisation Claims Ltd. will therefore be the legal case management firm liaising with your appointed panel law firm to assist them in all technical aspects of the MSC.

2. If you choose to commence a review of your mortgage, to determine if you have a valid MSC and make an application on the Mortgage Securitisation Claims Ltd. portal, we will immediately instruct Legal Quest plc to conduct a formal Data Subject Access Request (DSAR) for you, review and validate the mortgage documentation received and prepare a formal DSAR audit report for Mortgage Securitisation Claims Ltd. on their findings.

If your DSAR audit results in a confirmation that your mortgage was securitised or the evidence is sufficient to indicate same, a formal report from Legal Quest plc will allow Mortgage Securitisation Claims Ltd. to issue a legal opinion and allocate your particular MSC to one of the panel law firms, who have agreed to represent MSC claimants. You will be notified that your MSC has been accepted by the named panel law firm which will enable you to make an informed decision regarding whether you wish for the Mortgage Securitisation Claims Ltd. panel law firm to represent you in any further possible court action, regarding any errors or omissions by your lender.

Such court action, or any other negotiated settlement being relative to the use or misuse of the Power of Attorney, present in almost all mortgages and, the subsequent events undertaken by your lender using said Power of Attorney or otherwise. The report will advise Mortgage Securitisation Claims Ltd. and the panel law firm regarding securitisation of the mortgage and whether the mortgage remains with the original lender or it has been sold, transferred or assigned to a third party, without any notification to you and will be the basis for a full Part 35 Expert report.

The DSAR Validation audit service is not considered to be the basis of a claim for compensation. It is simply to correctly interpret and validate the current status of your mortgage and, where possible, to whom your liability may now rest, if the mortgage was sold, assigned or transferred under mortgage securitisation processes.

There MAY be some financial benefit to you resulting from the DSAR validation audit, however, that is a matter for future review and no representation to the contrary is made by Mortgage Securitisation Claims Ltd.

The DSAR Validation audit is a service which is suitable for all mortgage holders who have a current valid mortgage with a minimum of at least three years remaining to maturity.

Please note to qualify for our services, your mortgage needs to be up to date and not in arrears. This requirement is in order to avoid potential counter actions from your lender(s) if a dispute is raised.

We pride ourselves on customer satisfaction and our clients’ interests are of the utmost importance to us. This is why we provide all the information surrounding the potential dispute, in advance, so you are aware of the processes involved and any potential benefits and risks.

Everyone may be able to conduct the entire validation process themselves and details of the requirements to conduct a DSAR are provided on the Mortgage Securitisation Claims Ltd. and Legal Quest plc website(s) free of charge to all.

If, however, you choose to instruct Mortgage Securitisation Claims Ltd. there is currently a retainer/contribution of £260.00, which is paid to Legal Quest plc. The £260.00 retainer/contribution includes fees and direct costs in the amount of £56.40, which you as a consumer would incur, if you submitted a DSAR yourself to your lender and, as such, would normally be payable by each MSC applicant.

Please Note: Any promotional discount will be deducted from the legal and administration fees, as the disbursements remain constant for all clients.

It is important to note that Mortgage Securitisation Claims Ltd. is, however, willing to cover the entire £260.00 retainer/contribution cost, for all new MSC applicants who have a mortgage loans from selective named lenders only. The discount is in full, apart from the nominal £1.00 validation charge, and made available by the use of a special promotional discount code, which will be featured in all advertising media and also be available via one or more of the Mortgage Securitisation Claims Ltd. approved and authorised media partners who are designated an “AMP”.

The token validation charge must remain and be paid direct to Legal Quest plc, by each potential MSC applicant, for security and validation purposes, to verify that a genuine person exists.

As stated, you may have been introduced to the MSC, promoted by Mortgage Securitisation Claims Ltd., by a third-party AMP. All aspects of MSC marketing and media activities are carried out for Mortgage Securitisation Claims Ltd. under strict direct Advertising Standards Agency (ASA) guidelines and at no time will any statement or advertising be misleading or confusing.

If you were ‘introduced’ to Mortgage Securitisation Claims Ltd. and, any aspects regarding MSC’s, by an AMP, you are advised to check the published media and all statements available on this website www.yourmsc.co.uk or Legal Quest plc website at www.legalquest.org, for verification of facts before making any informed decisions.

If you were advised about a potential MSC by anyone, who states something or indicates details which are not as published, please notify Mortgage Securitisation Claims Ltd. by email to complaints@yourmsc.co.uk immediately, so that we may take prompt action to correct any misunderstanding and correctly deal with the party who provided the misleading information without any authorisation from Mortgage Securitisation Claims Ltd.

The AMP’s are individually vetted and authorised external parties, appointed by our exclusive media & public relations firm and, are only there to assist you in understanding the basics of what an MSC is all about, as well as assist you with the MSC application process.

Should you require further assistance, they are not authorised to make any statements contrary to those published or advise you in anyway whatsoever.

Any/all costs incurred by an AMP to provide this assistance to you is covered by our appointed media and PR company(ies) and the AMP’s are NOT permitted to charge any additional fees for introducing you to the Mortgage Securitisation Claims Ltd’s MSC.

The AMP’s are paid a fee by the media & public relations firm for and on Mortgage Securitisation Claims Ltd.’s behalf, which we consider is as part of the ongoing agreed marketing costs for each valid MSC and, for which a panel law firm may have been appointed by the validated MSC Claimant.

As stated, the entire contribution cost of £260.00 is covered by Mortgage Securitisation Claims Ltd. and waived, apart from a nominal £1.00 validation charge, achieved by using the special promotional codes which apply to the selected named lenders.

You must use the promotional code to obtain the discount, if you do not, you will be required to pay the full £260.00 after entering your details.

However, you will be refunded the full amount of £260.00 within 28 days from receipt of payment, if your lender is one of the selected named lenders.

You should be aware that Legal Quest plc will carry out a significant amount of administration work for each DSAR Validation Audit client and will provide an independent report to your designated panel law firm. The current deferred itemised ‘cost’ of the Part 35 Expert report is £5,500.00 + VAT, which has been calculated in accordance with the Law Commission’s latest costs schedule under Precedent ‘S’ for a tier 3 firm, based in the North West.

This disbursement cost amount is expected to be paid by the panel law firm from disbursement funding arranged to cover such matters.

There may be a situation where Legal Quest plc or the legal expenses funder has not been paid for providing any services/funding, In which case, in the event the claim is lost or abandoned by the appointed panel law firm, having taken out ATE or similar insurance protection for adverse costs and disbursements, Legal Quest plc or the disbursement funder will be paid by the insurers. If this is the case, no liability will fall on the client as the insurance policy indemnifies the panel law firm and the client, 100% against any such liabilities.

A Mortgage Securitisation Claims Ltd. Authorised Media Partner (‘AMP’) can, if you wish, assist you make an application and help you enter your information onto the Legal Audit Review System (LARS) secure database which instruct us to start your potential MSC.

Alternatively, you may enter your own details onto our LARS but MUST remember to use the promotional code given to you by the AMP or as published in any media advertising. This enables the £260.00 contribution/retainer to be automatically waived apart from the nominal £1.00 security and validation amount specified.

We will instruct Legal Quest plc to act as the Validation Audit Team. Please be aware that we do not provide direct telephone support during the DSAR Validation Audit. All correspondence and communication MUST be in writing by either email or letter format.

However, we have agreed with Legal Quest plc that they will provide off site telephone support for us providing all MSC applicants you with a personal contact link, where any urgent queries may be answered by their staff. This is available to ALL clients and the telephone contact details are provided to you at the point of engagement.

Upon a valid MSC application being completed, the Legal Audit Review System (LARS) automatically initiates and emails to you, a confirmation of receipt of the £1.00 token payment and acceptance of your instructions, including a copy of your initial electronic hand generated signature authorising Legal Quest plc, to obtain the DSAR on your behalf. A copy of the Terms & Conditions for providing the services detailed herein.

Immediately thereafter, usually within a period of 1 to 2 hours depending on volume of traffic and bandwidth capacity, LARS issues notification to Mortgage Securitisation Claims Ltd., as Legal Case Managers, which initiates the automatic instructions back to Legal Quest plc for the preparation of your formal Welcome Pack. This will be sent by registered mail to your correspondence address entered onto the L.A.R.S. portal at sign-up.

The Welcome Pack will contain, in addition to further information letters/leaflets from Mortgage Securitisation Claims Ltd., an original Agent Authority Letter from you to Legal Quest PLC.

This must, at the moment be signed by all individuals named on the mortgage account, in BLUE ink, and returned, together with a copy of Your ID and a copy of your latest mortgage statement. A pre-paid return envelope is provided by Legal Quest plc. Simply drop the sealed envelope containing your return documents, in any Royal Mail post-box.

The possibility of having all the DSAR authority documentation signed and sent electronically is under review, as and when this facility is available it will be the first option for all MSC applicants, however, if for whatever reason this is not suitable for any MSC applicant, the standard Welcome Pack and hard copy documentation will be used.

Legal Quest plc will formally deal with any/all correspondence to and from your lender and, ultimately, obtain the personal data relating to your mortgage account from your lender. This may not initially be complete and may involve several follow up letters in order to ensure compliance by the Lenders. The LARS Validation Team will then perform a full and detailed review of all data/documentation received and ultimately provide Mortgage Securitisation Claims Ltd. with a report on the findings and potential entitlements.

The LARS Validation Audit Team and Mortgage Securitisation Claims Ltd. work closely together in order to be able to provide accurate and professional support to both a client and a panel law firm, confirming whether your mortgage remains with the original lender or not.

Note: The entire DSAR Validation Audit Process takes approximately 2 to 3 months from date of appointment, taking into account the statutory 30 days (from the date of the last communication to any Lender’s query) which the Information Commissioners Office (ICO) allows the lender to investigate the request for information and respond.

At the end of the DSAR Validation period, every client will receive confirmation in the form of a legal opinion addressed to the panel law firm who will have been allocated the MSC and agreed to represent you, or a statement of facts from Mortgage Securitisation Claims Ltd. regarding whether their particular mortgage remains with their original lender or whether it was securitised (sold, transferred or assigned to an undisclosed third party). In some cases, the evidence may not be fully disclosed by the lender, however, sufficient evidence may still exist to confirm a positive opinion of a valid MSC and allow you to make an informed decision on the next steps.

If the mortgage remains with the original lender, there is no further action justified or valid, and the Mortgage Securitisation Claims Ltd. statement of facts will advise that you have no cause of action.

However, if the data indicates that the mortgage was either securitised or, in many cases, would appear to have been securitised, you may wish to take matters further and determine the true status of your mortgage.

YOU, will be given choices on how you may wish to proceed, including, but not limited to:

a) Doing nothing further
b) Continuing with your own independent enquiries using the data obtained during the DSAR without any further advice or assistance.
c) Appoint your own Legal advisers to raise a dispute.
d) Instruct the Mortgage Securitisation Claims Ltd. panel law firm, on a No Win – No basis, to deal with the Mortgage Securitisation Claim (MSC) for you, with no further cost to YOU, the client(s) until the MSC has a successful outcome*.

If you choose to go forward, only then may you proceed to a formal cause of action, by instructing a panel law firm to file a Mortgage Securitisation Claim (MSC) on your behalf.

* There may be a requirement for you to agree that filing fees, third party expert reports and counsel fees will be covered by you under a no recourse, legal expenses funding facility arranged by the panel law firm, which is ONLY due and payable in the event of a successful claim.

You have absolutely no liability if your claim is lost or abandoned by the law firm.

Note: Cancellation Fees may apply once legal work has started on your claim.

The Mortgage Securitisation Claim (MSC) - Process is a separate contractual matter available ONLY to those who's mortgage qualifies for the MSC, after the DSAR Validation Audit Process has been completed.

If, following the conclusion of the Validation Audit Process, you choose to give instructions to Mortgage Securitisation Claims Ltd.’s panel law firm to represent you, you will be required to agree and sign the or Conditional Fee Agreement which will stipulate a No Win – No Fee* amount equal to a stated 30% inc VAT of any successful settlement. (See example CFA for specimen fee amounts and their calculation).

* There may be a requirement for you to agree that filing fees, third party expert reports and counsel fees will be covered by you under a no recourse, legal expenses funding facility arranged by the panel law firm, which is ONLY due and payable in the event of a successful claim.

You have absolutely no liability if your claim is lost or abandoned by the law firm.

Note: Cancellation Fees may apply once legal work has started on your claim.

Further Note: If the appointed legal professionals do not recover any award, costs, or there is no direct/indirect benefit to you, you will not pay anything further.

You as the client have a 14 day cooling off period from the date of the sign-up, during which time no charges or costs are applied to your account. If you, the client wishes to cancel the instructions, this can be done by contacting Legal Quest plc, on 0161 393 8028 or in writing to Legal Quest plc DSAR Operations Center, Unit 4, Olympic Court, Whitehills Business Park, Blackpool FY4 5GU; or by email to info@legalquest.co.uk.

If the client wishes to cancel the appointment after the 14 day cooling off period has expired, due to the fact that the DSAR process will have been initiated and, as a result, the direct costs incurred up to that date may be charged, together with the the labour element being capped at a maximum of 4 hours, charged at £20.00 + VAT per hour.

Mortgage Securitisation Claims (MSC’s) have not yet been tested and proven in a court of law within the United Kingdom, at this time. There is ample documentation and legal case precedents which exist in other jurisdictions and two Court of Appeal cases in the UK. In the first (Neutral Citation [2013] NICh14 ref: Dee8994 Santander (UK) plc v Carlin/Hughes – it was stated ‘it is essential that the court is making an order in favour of the correct party who has the right to enforce the legal charge’) which supports our position that there appear to be errors and omissions which should be rectified, regarding the proprietor of the legal charge.

More recently, in Alexander v West Bromwich Mortgage Company Ltd. [2016] EWCA Civ 498 the Court of Appeals reversed a High Court decision in favour of a group of Buy to Let landlords (Property 118 Group), whose interest rates had been unlawfully increased, contrary to the original mortgage T&C's and, as a result of securitisation. This again supports our position that the contract may materially change if the mortgage is securitised and this may adversely affect the borrower and be unenforceable.

There is further confirmation that the Mortgage Code of Business Sourcebook (MCOB) which is the regulatory handbook provided by the Financial Conduct Authority (FCA), under which all regulated mortgage contracts are issued, has specific clauses where the lender has breached the regulatory guidelines and, is therefore deemed to have mis-sold the mortgage product to you.

Any and all MSC matters may be subject to further review by the Courts and opinion, unless a settlement agreement is reached with each particular Lender, however, from review of related judgments and current legislation, the separation of legal and equitable rights to land and property is not clear and, in our opinion, the potential breaches of s27(3)(a) of the Land Registration Act (2002) is the definitive matter which we believe takes precedence and opens up the valid cause of action.

We have to make you aware that you have the right to seek further advice elsewhere, before committing to using the services of Mortgage Securitisation Claims Ltd. You should, however, fully acquaint yourself with the terms and conditions and warnings before proceeding.

You also have the option to file a DSAR or dispute yourself, directly with your lender and if dissatisfied with the outcome, to go to the Financial Ombudsman Service for further help and advice.

Mortgage Securitisation Claims Ltd. and Legal Quest plc aim to provide a highly professional service and have vigorous internal procedures for handling complaints fairly.

Should a complaint arise, please contact the Compliance Officer by writing to Legal Quest PLC, or Mortgage Securitisation Claims Ltd. at the Operations Center, Unit 4 Olympic Court, Whitehills Business Park, Blackpool FY4 5GU; or by email to complaints@legalquest.co.uk., or via telephone to 0161 393 8027.

If you remain dissatisfied you may refer your complaint by writing to the Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ or by email to enquiries@legalombudsman.org.uk.

The full complaints procedure is available on the website(s) www.yourmsc.co.uk or www.legalquest.org and will be attached to your welcome email, along with a further copy of the Terms and Conditions.

Legal Quest PLC are regulated by the Financial Conduct Authority (FCA) in respect of insurance mediation regulated activities (FCA No 7739402). See: https://register.fca.org.uk.

Mortgage Securitisation Claims Ltd. are regulated by the Solicitors Regulation Authority as a Commercial & Industry body (SRA) No 634028. All direct regulated legal activities are carried out by Martin D. Block LL.B (Hons), a practicing solicitor (SRA No 118413). Details can be found on the Law Society website: See: https:// solicitors.lawsociety.org.uk “search for a solicitor”

In respect of data protection, Legal Quest plc as the designated Data Controller and administrator of LARS, adhere strictly to the rules and regulations in accordance with the Data Protection Act {2018} and are registered with the Information Commissioners office No ZA085182.

You can be assured that all details provided about you will be kept safe and secure and we do not share your information with any unconnected outside parties. See: https://ico.org.uk/esdwebpages/search .